I am worried I’ve made myself vulnerable. I had a tenant under an AST which came to the end of the term. When I went to collect the keys, the tenant was ready to move out but expressed an interest to stay. I then said I could create another contract on condition he paid the rent straight away. But I have not received the rent and so what was previously my tenant is now occupying without a contract.
I do not suspect a deliberate attempt on the part of the tenant to achieve this, not least because he was ready to leave. I suspect he would sign a new contract if necessary. What is best to preserve my rights to possession? Can I evict without a contract?
1 Comment
If they gave a notice to quit before intending to leave, you would need to provide them with a new tenancy.
However, if all the following apply:
(1) no notice by the tenant
(2) they didn’t leave and then moved back in
(3) they remained in occupation throughout
Then, you don’t need to do anything because fixed-term assured shorthold tenancies never end but instead become periodic, assuming the tenant remains in occupation on the last day of the term.